Regulations on soliciting opinions for awarding commendations in Vietnam in accordance with Decree 98

1. Regulations on soliciting opinions for awarding commendations in Vietnam in accordance with Decree 98

In accordance with Article 31 of Decree 98/2023/ND-CP, the regulations on soliciting opinions for awards are as follows:

- The solicitation of opinions for awards of emulation titles, forms of state-level awards stipulated in Clause 3, Article 84 of the Law on Emulation and Commendation 2022 and the provisions of the competent authorities submitted for commendation by ministries, branches, provinces are implemented according to the provisions from Clause 2 to Clause 4, Article 31 of Decree 98/2023/ND-CP.

- Awards for agencies, organizations, units, and heads of central agencies, organizations, units with legal status under the direct management of ministries, branches, and mass organizations located in the local area must obtain opinions from the People's Committee at the provincial level on the following matters:

+ Compliance with the policies of the Vietnam Communist Party, the laws of the State, and the performance results of the party, and mass organizations (if the party and mass organizations operate locally);

+ Implementation of insurance policies for workers, ensuring the environment during the production, business process, and occupational safety, food safety, and hygiene (for production and business units);

+ Emulation titles, forms of awards that must solicit opinions: “Emulation Flag of the Government of Vietnam”, orders, medals, state honorary titles, “Ho Chi Minh Award”, “State Award”, “Certificate of Merit from the Prime Minister of the Government of Vietnam”.

- Awards for agencies, organizations under the People's Committee of provinces and centrally-run cities and individuals who are heads of units at the same level must obtain opinions from ministries, branches, and central mass organizations with functions of managing sectors and fields regarding content such as:

+ Results of advising on the implementation of assigned political tasks (for collectives): Results of leading, directing agencies, units in implementing assigned political tasks (for individuals) during the time achievements are proposed for awards;

+ Emulation titles, forms of awards that must solicit opinions: “Emulation Flag of the Government of Vietnam”, orders, medals, state honorary titles, “Ho Chi Minh Award”, “State Award”, “Certificate of Merit from the Prime Minister of the Government of Vietnam”.

- For external awards, opinions must be sought from the Central Foreign Affairs Committee, Ministry of Public Security, and Ministry of Foreign Affairs.

- The Ministry of Home Affairs is responsible for soliciting opinions from the Central Inspection Committee and the Government Inspectorate for awarding collectives such as ministries, branches, provinces; soliciting opinions from the Ministry of Public Security, the Government Inspectorate regarding compliance with the policies of the Vietnam Communist Party and the laws of the State for awarding economic organizations, individuals as legal representatives of economic organizations; the solicitation of opinions from competent authorities for awarding officials under the management of the Politburo, Secretariat is carried out according to the regulations of the Vietnam Communist Party.

- Upon receiving written requests for opinions on awards from provincial ministries, branches, or the Ministry of Home Affairs, within 10 working days from the date of receipt of the proposal (based on the postal mark), the solicited agency is responsible for responding in writing timely. The head of the agency solicited for award opinions is responsible to the law for the time of responding to the document and the content solicited for opinions.

In cases where the Ministry of Home Affairs solicits opinions and the functional agency does not provide opinions, the Ministry of Home Affairs proceeds with commending according to regulations.

- Within 10 working days, from the date of receipt of complete and unanimous or agreeable opinions from functional agencies, the Ministry of Home Affairs submits to the competent authority for awarding according to regulations.

2. Regulations on awards under simple procedures in Vietnam

Awards through simple procedures are according to Article 40 of Decree 98/2023/ND-CP as follows:

- Cases for review of awards through simple procedures are implemented according to the provisions in Article 85 of the Law on Emulation and Commendation 2022.

- The dossier proposing simple procedure awards includes 01 set (original) comprising:

+ Presentation of the award proposal;

+ Summary report of achievements of the individual, collective who made achievements or direct management agency, organization, unit, clearly stating actions, achievements, merits, work processes or summarizing achievement results for awards with top secret content, to propose simple procedure awards.

- The heads of ministries, branches, provinces; heads of agencies, organizations, and units commend and propose awards immediately after individuals and collectives make outstanding, sudden achievements as stipulated in point b, clause 1, Article 85 of the Law on Emulation and Commendation 2022.

- The time for verification and presenting awards for cases proposed according to the provisions of points a, c, d, dd clause 1, Article 85 of the Law on Emulation and Commendation 2022 is carried out according to the provisions in Article 32 of Decree 98/2023/ND-CP.

- The dossier from the Ministry of Home Affairs submitted to the Prime Minister of the Government of Vietnam includes: A presentation from the Ministry of Home Affairs accompanied by a list of award proposals and electronic files of award dossiers (excluding reward dossiers with state secret content).

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE